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Recent Blog Posts
ODAR 20 Day Letter
After a claimant has been denied Social Security disability benefits and appealed the claim to the Office of Disability Adjudication and Review (ODAR) it is common to receive a "20-day" letter in the mail discussing the hearing process. The first paragraph of the letter states:
"Thank you for your request for a hearing before an administrative law judge (ALJ). This letter explains the hearing process and things that you should do now to get ready for your hearing. We will mail a Notice of Hearing to you at least 20 days before the date of your hearing to tell you its time and place."
Although ODAR sends these letters to claimants with the intent to inform them of the hearing process, the language of the letter can be quite confusing. Many of our clients frantically call our office stating, "We have to hurry, I only have 20 days before my hearing!" Rest assured that this letter does not guarantee a hearing within 20 days. Rather, the letter is intended to inform the claimant that a notice will be send to his or her address at least 20 days before the hearing is eventually scheduled.
My Doctor Wrote A Letter Supporting My Disability, Why Was I Denied Disability Benefits?
I received the following question today: "My doctor wrote a letter supporting my disability, why was I denied disability benefits?"
This is actually a very common question and happens quite often. At the beginning levels of the Social Security disability benefits process, Disability Determinations Services (DDS) is charged with developing a claim. A trained medical examiner will at some point review a file and determine whether in his or her expert opinion the claimant should be entitled to disability benefits. While DDS should give the most weight to the treating physician's opinion, too often the determination favors the opinion of their doctor. Your case could have been denied because their doctor had a very different opinion than your treating physician.
Sometimes a letter from your doctor attesting to permanent disability can actually harm your case. A few years ago, a 27 year old potential client came into my office with a doctor letter stating, "Due to my patient's severe medical conditions and the side effects from the medications he is permanently restricted from any light work and is disabled." While the potential client thought that meant he should be guaranteed disability benefits, I read the letter as stating that he could not perform jobs where he had to stand for most of the day and lift up to 20 pounds...but that the doctor seemed to think he could perform any sit-down job. This could lead Social Security to believe that the claimant is not disabled.
Hiring A Disability Attorney For Your Hearing
"Do you think it is important whether I obtain a disability lawyer to help me with my disability benefits claim? I asked Social Security and they seem to think I do not need anybody to help me with my case."
I received the following question the other day and wanted to give a brief response. The short answer is YES. The overwhelming majority of claims are denied. Hiring a Social Security disability attorney can in many cases significantly improve your chances of winning. Social Security's regulations of vast and complex. Sometimes it may seem as though the government simply does not want to pay anybody (if the process were easy you would have been approved and not had to go to a hearing). As with anything, hiring someone focused on a particular trade or skill for a unique specialized task will in most cases give you a competitive advantage over those who do not.
As for Social Security's opinion, I would take everything they say with a grain of salt. They may tell you privately that you do not need anybody to help you or that getting disability benefits is easy, but there are certain regulations in place specifically to govern what the Administration tells you at a hearing. HALLEX I-2-6-52 provides in pertinent part, "If the claimant is unrepresented, the ALJ should ensure on the record that the claimant has been properly advised of the right to representation and that the claimant is capable of making an informed choice about representation." The rule goes on to require a judge to "secure on the record the claimant's decision concerning representation." In other words, Social Security's own regulations acknowledge the importance of a claimant's right to representation. If there was no difference whether a claimant hired a disability lawyer or not, it is logical to think Social Security would not have created this rule. Although privately some of their employees may tell you that representation is a waste of time, particularly at the local field offices, HALLEX specifically requires them to say otherwise at your disability hearing.
NOSSCR Conference 2012
I attended the National Organization of Social Security Claimants' Representatives (NOSSCR) conference in Philadelphia this past week (picture above of me speaking). It was a great experience and wonderful to again see so many attorneys so dedicated to helping people suffering from different disabilities. I wanted to thank the NOSSCR board for putting together such an informative and well-structured conference. I also want to let my readers know that if you really put the effort in and do your due diligence, there are a number of people out there willing to help fight through all of the government red-tape to get you Social Security disability benefits, even if you have already been denied disability benefits.
Best April Social Security Disability Blogs
For April’s “Best Social Security Disability Blogs” of the month, we listed our top 4 blogs by Social Security disability lawyers nationwide:
Statements-Get More Than One If You Can -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog
Chronic Pain And Mental Health -North East Ohio lawyer Erin Schmidt on Social Security Disability & You
Question And Answer Disability Benefits -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog
Why Do Social Security Judges Call Vocational Expert Witnesses To Testify At Social Security Hearings? -Georgia disability lawyer Jonathan Ginsberg on his Social Security Disability Blog
Social Security Disability Insurance Report
"Investor's Business Daily" published an article on April 20th, 2012 entitled, "Disabled America: 5.4 Million Join Social Security Disability Insurance Rolls Under Obama." The article discusses the disability benefits program and its massive growth in recent years. As a disability attorney, I thought it pertinent to share this article with you. Whether your applying for Social Security disability benefits, a disability lawyer, or would just enjoy a good read, feel free to comment or respond to the article which can be found here.
Question And Answer Disability Benefits
"I had a disability hearing last week and the judge asked me all sorts of questions about what I do at home and around my house. What does this have to do with me getting disability benefits?"
I received the question above a few days ago. When the Social Security Administration schedules a disability hearing before an Administrative Law Judge, he or she must determine whether the claimant is capable of working. To do this, it is common for the judge to ask questions to shed light on a claimant's limitations.
Can you cook, clean, or do laundry? In other words, is the claimant capable of completing basic tasks that require a certain degree of effort.
Do you walk to the park or go grocery shopping? In other words, would the claimant be able to perform a job that involves standing and moving about throughout the day.
Do you read, perform tasks on the computer, or have any hobbies? In other words, can the claimant perform a sit down job completing certain basic work related tasks.
ALJ Disability Decisions
Recently, the Social Security's Office of the Inspector General (OIG) completed an audit of Administrative Law Judge (ALJ) decision making. The results were quite alarming.
ALJ's with the highest allowance rates:
Kingsport, TN (99.73%)
Pittsburgh, PA (98.88%)
San Rafael, CA (98.08%)
Orlando, FL (97.83%)
Meanwhile, below are the ALJ's with the lowest allowance rates:
Dallas North, TX (8.55%)
San Antonio, TX (13.04%)
Dallas Downtown, TX (13.62%)
Milwaukee, WI (20.67%)
The numbers above should be quite alarming. If you are applying for Social Security disability benefits and live in Kingsport, TN you can basically expect your claim to be approved. Meanwhile, many claimants who live in Dallas will have their claims denied regardless of their condition, even with the same fact pattern as a claimant in Kingsport. There is really no explanation for this other then the judges themselves. The Administrative Law Judge determines whether you are entitled to disability benefits, whether SSDI or SSI benefits. Much of the outcome will depend on whose determining your case outcome. The OIG report confirms the importance of who is hearing your case at the hearing level.
Living Arrangements And SSI Disability Benefits
Supplemental Security Income (SSI) is a government program funded by general tax revenues for people who become disabled and are incapable of working. It is a need based program and a claimant must have below a certain amount of assets and resources to qualify.
After a claimant has been approved for SSI benefits, he or she will typically have an appointment with a local Social Security district office to figure out the monthly benefit amount. In general, the more income and assets a claimant has the less the monthly benefits amount. This is especially true for claimants that do not have to worry about paying rent because of his or her living situation. One way to earn the maximum SSI benefit monthly amount is to be classified as "living in your own household." If a claimant lives in his or her own household and has to pay for rent and utilities the Social Security Administration will most likely consider the individual for the maximum allowance.
What constitutes living in your own household?
Best March Social Security Disability Blogs
For March's "Best Social Security Disability Blogs" of the month, we listed our top 2 blogs by Social Security disability lawyers nationwide:
Preparing for the Social Security ALJ Hearing -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog
Tips For Your Next Consultative Examination -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog
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